prior restraint

Examples of prior restraint in the following topics:

• Freedom of Speech

  • Prior restraint.

• The First Amendment

  • Before the twentieth century, most free speech issues involved prior restraint.

• Judicial Activism and Restraint

  • Judicial activism is based on personal/political considerations and judicial restraint encourages judges to limit their power.
  • Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
  • Former Associate Justice Felix Frankfurter , a Democrat appointed by Franklin Roosevelt, is generally seen as the model of judicial restraint.
  • When Chief Justice Rehnquist overturned some of the precedents of the Warren Court, Time magazine said he was not following the theory of judicial restraint.

• From Competition to Consolidation

  • Prior to the Civil War, American economy was largely local; manufacturers, distributors, and retailers were generally small.
  • Its two key sections forbade combinations in restraint of trade and monopolizing.
  • To an extent, it did, but it added something quite important for the future of business and the US economy: the power of the federal government to enforce a national policy against monopoly and restraints of trade.

• Secession of the South

  • Seven Deep South states passed secession ordinances by February 1861 prior to Abraham Lincoln acceding to office.
  • Believing that the key to good government was restraint, he refused to deploy troops or additional artillery to federal properties under threat.

• Malthus' Theory of Population Growth

  • As a solution, Malthus urged "moral restraint. " That is, he declared that people must practice abstinence before marriage, forced sterilization where necessary, and institute criminal punishments for so-called unprepared parents who had more children than they could support.
  • According to Malthus, the only alternative to moral restraint was certain disaster: if allowed to grow unchecked, population would outstrip available resources, resulting in what came to be known as Malthusian catastrophes: naturally occurring checks on population growth such as famine, disease, or war.
  • Discuss Malthus's controversial theory on population growth, in terms of the concept of "moral restraint"

• The Warren Court

  • Jackson led one faction, which insisted upon judicial self-restraint and insisted courts should defer to the policy making prerogatives of the White House and Congress.
  • Educational segregation in the US prior to Brown vs.

• Expressive Qualities of Line

  • For example, a solid, heavy and unbroken line will evoke a feeling of control or restraint.
  • On the other hand, a free-flowing, perhaps broken or loosely drawn contour line will evoke a feeling of freedom and lack of self restraint.

• Federal Efforts to Control Monopoly

  • The Clayton Antitrust Act defined more clearly what constituted illegal restraint of trade.
  • Steel was not a monopoly because it did not engage in "unreasonable" restraint of trade.
  • In 1961, a number of companies in the electrical equipment industry were found guilty of fixing prices in restraint of competition.

• Meaning Making

  • Meaning making refers to the transformation of learners' assumptions and offers a new interpretation of their prior assumptions.
  • Thus, transformative learning is, in a sense, the deconstruction of learners' prior assumptions through critical reflection as well as the reconstruction of their assumptions through meaning making.